Regulation Matters: a CLEAR conversation

Al Carter, executive director of the National Association of Boards of Pharmacy, discusses the report from NABP's work group to consider extending waivers that were issued during the pandemic. He shares how the work group evaluated policy changes into three categories: what should be looked at for permanent consideration in all circumstances, what should be considered during special or unusual public health circumstances, and what should only be considered during declared emergencies.

Hear how the pharmacy association evaluated policy changes, and join the discussion on CLEAR Communities (https://community.clearhq.org/) to share how your organization is evaluating pandemic policy changes moving forward.

Transcript: html (https://www.clearhq.org/page-1860738) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode51_Evaluating_Pandemic_Changes
_030822_transcript.pdf)

CLEAR is celebrating Episode 50 of our podcast!  Listen as CLEAR presidents past and present take a look back at trends in professional regulation during 2021.  Hear international perspectives on the following themes: Disciplining practitioners for COVID mis/disinformation, Mobility, DEI and discrimination in regulation, Reducing barriers to licensure, Licensure issues for veterans and military members, and Telepractice.

And view the CLEAR Regulatory News blog summary of 2021 regulatory trends (https://www.clearhq.org/page-1860729).

Transcript: html (https://www.clearhq.org/page-1860733) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode50_2021_Regulatory_Trends
_020822_transcript.pdf)

The health regulatory colleges in British Columbia signed a declaration to cultural safety and humility with First Nations Health Authority partners, committing to strengthening relationships with Indigenous peoples and ensuring that culturally safe practices are embedded in the operations and proceedings of the colleges. Hear from the College of Physicians and Surgeons of BC about their journey of organizational transformation and addressing Indigenous-specific racism in healthcare.

Heidi Oetter, Susan Prins, and Derek Puddester talk about education, diversified governance representation, a new standard of practice on cultural safety and humility, and a rebranding of the organization to reflect current values of Truth and Reconciliation. "We really recognize at this point that this is our problem to fix, not theirs. . . . Simply put: We must and we will respond to every single recommendation [from the 'In Plain Sight' report]." 

Transcript: html (https://www.clearhq.org/page-1860728) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode49_Cultural_Safety_Humility
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Caroline Miller, Cathi Mietkiewicz, and Marc Spector speak from their perspectives from both the vendor side and the regulator side about the relationship between regulatory organizations and the vendor community. They talk about how technology is really embedded in all of the work that regulators do, so leveraging the expertise of the regulators and the vendors is important in order to be effective and efficient with solutions. They talk about challenges in how regulators and vendors approach the relationship and how they can move beyond that to have an honest conversation about what is achievable.

Transcript: html (https://www.clearhq.org/page-1860726) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode48_Beyond_the_Contract
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Sandy Greenberg and Marlon Brown talk about where regulatory organizations are with the diversity, equity, and inclusion initiatives.  After providing some working definitions of DEI terminology, Sandy shares results from a recent survey of CLEAR stakeholders - asking where they rate DEI as a priority, what prompted their interest in DEI, how they are responding to the issue, what obstacles they're experiencing in implementing DEI-related initiatives, and what metrics they will use to measure success.  Then, as a preview to topics at CLEAR's Winter Symposium, Marlon Brown shares some of the ongoing DEI initiatives, both internally and externally, at the Michigan Department of Licensing and Regulatory Affairs. 

Transcript: html (https://www.clearhq.org/page-1860725) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode47_DEI_Where_are_we
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The Questions a Legislator Should Ask series is designed to provide important questions to be asked, as well as background information, to assist policymakers in their deliberation of proposed new professional regulation as well as revisions to current statutes. This series of online conversations, as well as the book on which it is based (order here: https://www.clearhq.org/page-1721424), can also be of value to legislative staff and regulators who may need to provide information to stakeholders.

This podcast episode starts off the series by laying the groundwork about the authority to regulate professions and different terminology used in the regulatory world. Panelists then discuss the importance of several key questions legislators should consider when evaluating requests related to professional regulation:

• Is there a problem?
• Is there a problem that requires regulation?
• What alternatives to regulation of individuals can be considered?

Listen to this podcast episode, then purchase the webinar series recordings: https://www.clearhq.org/event-4599616.

Transcript: html (https://www.clearhq.org/page-1860724) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode46_Questions_Legislator_Ask
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Line Dempsey, chair of CLEAR's National Certified Investigator Training committee, talks with longtime NCIT instructors Mike Ferjak and Amigo Wade to share insights from their vast experience as investigators. The take-away: preparation is the key to success in investigations. Mike, Line, and Amigo share their stories from experience about the importance of being properly prepared and maintaining credibility. They stress the importance of knowing what tools are in your investigator tool box and knowing when to use them.

Transcript: html (https://www.clearhq.org/page-1860720) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode45_Investigator_Insights_
091421_transcript.pdf)

Kathy Parry, corporate energy expert and keynote speaker for CLEAR's 2021 Annual Educational Conference, talks about three phases on the resilience curve and the meaning of rubber band resilience. She offers some tips to help teams and organizations understand and manage their reactions to disruptive situations and some tips to help you make a plan to de-stress.

Hear all of Kathy's insights and tips during the conference keynote session, “Rubber Band Resilience: How to Stretch without Snapping.”  Thank you to Thentia for sponsoring the keynote session.

Transcript: html (https://www.clearhq.org/page-1860717) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode44_Rubber_Band_Resilience_
081021_transcript.pdf)

The UK Department of Health and Social Care has published proposed changes to healthcare regulation. How might this influence professional regulation in other jurisdictions? Mark Stobbs with the UK's Professional Standards Authority gives an overview of what the PSA does, including an annual report to Parliament on how each regulator is meeting the 18 Standards of Good Regulation. Richard Steinecke with Steinecke Maciura LeBlanc in Ontario talks about how the PSA has influenced professional regulation in Canada, including the establishment of oversight bodies, a competency-based nomination process for board and council members, and consolidation of some regulatory bodies under a uniform framework.

Mark then discusses some of the current reform proposals, which aim to give all the regulators consistent legislative footing as well as more flexibility to make rules governing particular parts of their work. Richard share some thoughts about which proposals might be of most interest to Canadian regulators: regulators' ability to voluntarily delegate some of their activities to other regulators, perhaps a greater role in overseeing educational programs, the ability to administratively remove practitioners for incapacity or language fluency issues without a full discipline hearing, and an accepted outcomes approach to fitness to practice (discipline).

Transcript: html (https://www.clearhq.org/page-1860713) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode43_UK_Proposals_Influence_
071321_transcript.pdf)

Carla Caro with ACT and Rebecca Durcan with Steinecke Maciura LeBlanc explore how regulatory bodies consider and deal with criminal history or record among applicants for licensure. Carla shares results of an international survey about where regulatory bodies currently are regarding their consideration of criminal background in licensure decisions, showing a great deal of variation in what is considered, how far back they looked, and whether the criminal history was related to the license being sought. They discuss how regulatory organizations are taking a more nuanced look at good moral character requirements and whether they're placing too much weight on criminal history and considering how to balance public protection with providing fair opportunities for employment.

They suggest engaging your board, legal counsel, and staff in a proactive and systematic review of policies so that you can develop approaches that balance the public protection mandate with things that are relevant and proportionate to the level of risk and nature of the offense, creating decision processes that are less subject to implicit bias or impacts that may have resulted from systemic bias in the criminal justice system. Are the requirements meeting the intent, and, if not, how can we modify or eliminate them?

study that Rebecca refers to: “Rethinking the Character and Fitness Inquiry” by Leslie Levin of University of Connecticut School of Law (2014).  https://opencommons.uconn.edu/law_papers/125/

Transcript: html (https://www.clearhq.org/page-1860709) or

PDF (http://clearweb.drivehq.com/podcast_transcripts/CLEAR_podcast_episode42_Criminal_History_Licensure_
060821_transcript.pdf)